Northern Ireland (Miscellaneous Provisions) Bill

Sammy Wilson Excerpts

Monday 18th November 2013 Commons Chamber

I lived in a community where many members of the security forces were brutally murdered. I do not know about proof of collusion, but I know that the vast majority of police officers, whether in the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve, and members of the Army in Northern Ireland served with distinction and great bravery in the face of a merciless foe. Let us never forget their bravery every time they donned their uniform or went out, even with their children. I think of a young banker and part-time member of the Ulster Defence Regiment in Magherafelt who went out one morning to get his car from the garage to take his child to school and was blown to bits. Let us not forget the sacrifice. This is the troubled past. All these archives need to be opened.

[Sammy Wilson (East Antrim) (DUP)]

Even with a commitment to opening up all the files, would not most of them show only what the security forces did, because there are not the files on what the terrorists did? Indeed, many of them, including the current Sinn Fein president, deny ever having been involved in terrorism.

[Dr McCrea]

I accept that many of the atrocities carried out by members of the IRA are not in the files, but there are files on McGuinness and Adams, and it is about time they were brought out, if we are to have this openness we talk about.

The apologies, too, are selective. We have had apologies in the House, but they have been selective. Where was the Government’s apology to the people of Teebane? People might say, “Well, the Government didn’t let it happen”, but yes they did. Successive Governments of this United Kingdom allowed the Provisional IRA to carry out its atrocities. They could have stopped it on many occasions, but what did they do? They wined and dined its members and took them into the places of power, instead of bringing them to justice. If we are to have apologies, therefore, I do not want selective apologies; I want apologies to the families of La Mon, Teebane, Castlederg. I represented that constituency when those people were killed, and I would take Members to visit a little graveyard outside the town of Castlederg— 30 mph speed limit—because proportionally more members of the security forces lie there than in any other part of this United Kingdom. But who really cares? They were just members of the RUC and UDR along the border. They were just ordinary families.

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[Mr Lewis]

At Madam Deputy Speaker’s urging, I was bringing my remarks to a conclusion, but I will address the specific point that the hon. Lady mentions. We will deal with the issue in our response to Ambassador Haass, which the hon. Lady asked me to put in the public domain; we shall do so in the next few days. My view is that, on the whole and in many cases, the work of the Historical Enquiries Team has been effective and has delivered some level of justice to victims. I think we should applaud that and draw attention to it at every opportunity. However, some serious and legitimate concerns have been raised about elements of the HET’s work, which must be seriously considered. There are also questions about the criteria applied to the investigations, the independence of the HET, its capacity to do its job, and the HET’s ability to carry out its functions given the limited resources available to the PSNI.

Haass therefore provides an important opportunity not only to review and recognise the successes of the HET, but to reflect in the context of any new framework that is developed on some of the weaknesses and to try to put them right. We need a balanced and a measured approach to the HET. In speaking to victims, it has brought truth to a number of them—there is no question about that—but we know that independent evaluation has raised some serious and legitimate concerns. In the role that Ambassador Haass is fulfilling in the all-party talks, it is very important to get the balance right. Options would include a reformed HET or a replacement body to build on the successes of the HET, but there must be some structure to deliver truth and justice for the victims of violence in Northern Ireland. We need a balanced and sensible view of the HET’s successes, reform of the HET and of any future replacement body.

[Sammy Wilson]

Despite the hurt they have experienced, many people in Northern Ireland wish to put that hurt behind them. Often without invitation from the people concerned, the HET reopened the sores and the wounds. Indeed, rather than help the situation, it has made it worse for those people. We need to give careful consideration to simply saying that we need another body to replicate what the HET did, without any reference to the wishes of the victims.

[Mr Lewis]

The hon. Gentleman is absolutely right. The first and overriding principle in any discussion about truth and justice has to be putting the victims centre stage. We know that victims have very different needs and very different wants. Some victims make it clear that they simply want truth. Others want justice, and others simply want to get on with their lives. Any process must therefore appropriately reflect the fact that we must start from the perspective of the needs and wants of victims. It is incredibly difficult to get that right, because there are such competing and different views of what people want, but the overriding principle has to be the needs of victims—not lumped together in a collective way, because the needs of every individual victim, treated sensitively wherever possible, must take centre stage.

Having spoken to victims, I still believe that there remain so many outstanding cases for which we have neither truth nor justice, but if we were to close down the process at this stage, we would not be doing right by the families and relatives of the victims of violence in Northern Ireland. The question is how to reconcile all those competing pressures and extremely difficult challenges and come up with a system that enjoys maximum support in all communities in Northern Ireland. I certainly think there is a strong case for the importance of truth recovery, which has been mentioned in the past, and there is still a lot of work to be done around it. That, however, cannot be an alternative to justice for many people. It is vital to get the balance right.

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[Mark Durkan]

I actually think an amendment may well have been tabled because, although I was not a Member of this House, I remember drafting an amendment —but I am not sure whether it was subsequently tabled.

I should stress that when we pointed out that this was not provided for in the agreement, the NIO response was to provide for it by way of a stipulation that the Assembly Standing Orders would provide for that procedure. That turned out not to be robust enough. The right hon. Gentleman might say, “Well, did we not address that in Assembly Standing Orders?” He will find that the record of the Assembly shows, in the very first Standing Orders report, that I did address the fact that it was not there. The then Presiding Officer, Lord Alderdice, acknowledged my attention to detail, in so far as he could without being drawn into the debate; that obviously went very much back to his own participation in the negotiations.

[Sammy Wilson]

Does the hon. Gentleman not agree that a more cynical interpretation of why those concerned neglected to deal with this at that stage is that the UUP and the SDLP were then the largest parties, and they were hoping that they might be able to use the veto? Perhaps the reason for the concern now about the petition of concern is that the SDLP is not in a position to use it—as was originally intended, which is the reason why the legislation did not reflect what he is now saying that he wants.

[Mark Durkan]

The hon. Gentleman might have some basis for saying that if there was any truth in it, which, of course, there is not, not least because we deliberately set the petition of concern threshold at 30 because at that time we thought there was no chance of a party reaching the 30s. That was one of the reasons why the 30 threshold was there; there were concerns about how freely this could be used and that it might block things up.

The need for the petition of concern to be significant was emphasised not just by the threshold but by the special committee procedure to show whether there was a prima facie case on either equality or human rights grounds. The petition of concern was not to be used just for the convenience of a party that wanted to stop something. The fact is, however, that petitions of concern have been used to veto Bills that addressed the question of dual mandates between local government and the Assembly, which is a completely undue use. A petition of concern was also used to veto any question of a binding or significant vote in relation to censure of a Minister; it was never meant to be used in that sort of way.

The fact of a petition of concern being used, or being threatened to be used, by different parties prevents issues from being tabled. The whole point of the petition of concern was not to stop things being tabled, but to ensure that when they were tabled they were duly frisked and tested in respect of sensitive considerations such as human rights and equality. New clause 2 simply tries to get the Assembly out of the rut it is currently in, where vetoes are used far too often in a way that not only negates outcomes but prevents debate.

Amendment 4 seeks to ensure consistency with what was intended and envisaged in the Good Friday agreement and in the provisions that became section 75 of the Northern Ireland Act, which provides for equality duties and duties of public bodies in respect of good relations. On a number of occasions in recent years there has been a move to say that the good relations duty could sometimes trump the equality duty, so that a public body might not come through with a measure on equality grounds based on objective need because somebody else might feel it would upset good relations. We have seen that arise in relation to the Irish language, and there have been suggestions of its arising in relation to the provision and siting of social housing as well. The amendment seeks to clarify the balance and relationship between the good relations duty and the equality duty.

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[Mr Dodds]

Thank you for calling me to speak in this short debate on new clause 2, Madam Deputy Speaker. I should also like to speak to amendment 3, which stands in my name and those of my right hon. and hon. Friends.

In new clause 2, the hon. Member for Foyle (Mark Durkan) is proposing to introduce new provisions relating to petitions of concern. I understand that the Assembly and Executive Review Committee is dealing with this matter, among others, and I believe that that is the right and proper place for the issue to be decided on. It is for the parties in the Northern Ireland Assembly to agree or disagree to such matters relating to petitions of concern. I understand that 40% of the petitions of concern tabled in the Northern Ireland Assembly have been tabled by the nationalist parties, so this is not a question of one party tabling petitions in a way that abuses the process. This has happened right across the board.

New clause 2 could create the potential for gridlock in the Assembly. Let us remember that a petition of concern is lodged after a matter has been debated in the Assembly and is about to be voted on. Let us imagine how it would play out in this Chamber if such a process had to be undergone after a debate and before a vote could be taken. Under the new clause, a committee would have to be set up. As soon as we hear the word “committee”, we know that we are not going to be in for a quick decision-making process—certainly not in the Northern Ireland Assembly. The new clause goes on to propose that a committee appointed for this purpose

“shall have the powers to call people and papers to assist in its consideration”.

Not only that, but it “shall take evidence”—that would not be discretionary— from

“the Equality Commission and the Human Rights Commission.”

This would no doubt have to happen when diaries had been sorted out and all the necessary people had been brought in to be cross-examined and to give their evidence. Then, after the committee had listened to all the evidence, sifted it and debated it, voted on it and produced a report—in addition to all the other committee and legislative work that those Assembly Members do—the Assembly would have to

“consider the report of any committee appointed under this section and determine the matter in accordance with the requirements for cross-community support.”

Only then could the Assembly have its vote.

I respectfully suggest that that is not a recipe for quick governance or quick decision making. The Northern Ireland Assembly is already criticised in relation to processing matters quickly and efficiently, and I submit that the new clause would add greatly to the problems.

[Sammy Wilson]

rose—

[Mr Dodds]

I give way to a Member of the Northern Ireland Assembly who knows only too well the problems that arise there.

[Sammy Wilson]

Does my right hon. Friend agree that, as a petition of concern is likely to have been issued because there is concern and a lack of cross-community support, the requirement in subsection (6) could never be met? If the reason for lodging the petition of concern in the first place was a lack of cross-community support, how could a report from a committee ever get through the Assembly to allow a vote to take place?

[Mr Dodds]

My hon. Friend is absolutely right. Those of us who have served in the Northern Ireland Assembly know that that is exactly what would happen. The new clause is misconceived. It would simply bung up the works of the Assembly and make no advances in getting things done.

In an intervention, I asked the hon. Member for Foyle why the provisions in his new clause had not been in the original Northern Ireland Act. First, he blamed the draftsmen. I then asked whether no one in the then Government or Opposition or in any of the Northern Ireland parties was in any way culpable for not having spotted this massive gap in the legislation. I asked whether an amendment had been tabled to rectify the omission. I have no doubt that, if it had been part of the Belfast agreement, the then Government would happily have acceded to the change.

The only opposition that was coming in from any quarter came from those of us in the DUP and allied Unionists who pointed out that we could not found an agreement without support for the police, the courts and the rule of law in Northern Ireland. I am glad that we finally managed to achieve that objective at the St Andrew’s agreement and elsewhere. That is why we now have stable devolution. I do not want to go into that debate now, however. The point is that the hon. Gentleman said that he thought he might have drafted an amendment, but he did not know whether it had even been tabled.

I want to try to explain why this matter might have been left out of the original legislation. I have looked at paragraphs 11, 12 and 13 of the Belfast agreement, and I submit that the hon. Gentleman’s interpretation of them is open to question. The provisions relating to petitions of concern were set out in paragraph 5(d) of strand 1 of the agreement. That agreement was drafted by his party as well as the other parties that agreed with its terms. That provision contains no qualifications whatever: there is no reference to equality or to the circumstances in which petitions of concern may be lodged.

The section of the agreement that deals with “Operation of the Assembly” covers Chairs and Deputy Chairs of the Assembly, and the role of the Committees and Standing Committees. Then we get to paragraph 11, which states:

“The Assembly may appoint a special Committee to examine and report on whether a measure or proposal for legislation is in conformity with equality requirements, including the ECHR/Bill of Rights. The Committee shall have the power to call people and papers to assist in its consideration of the matter.”

Paragraph 12 states:

“The above special procedure shall be followed when requested by the Executive Committee, or by the relevant Departmental Committee, voting on a cross-community basis.”

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[Mr Dodds]

When the matter was debated and voted on in the Committee of the whole House, we voted for the proposal. The Government have had consultations, and the measure has been brought forward because it has widespread support in Northern Ireland, and so fulfils one of the criteria for changes to which the Minister has alluded previously. It is because there is cross-party consensus that the amendment has been put forward, and we welcome that move. We have absolutely no difficulty with moving towards greater transparency from 1 January —mindful, of course, that as the Minister says, there is no change to the fundamental point that the decision will be made only when the security situation allows. If it is made, however, it can be retrospective and apply back to 1 January.

We remain concerned that the amendment, and the Bill, will not close the massive loophole that allows parties from outside the United Kingdom to be bankrolled to a fairly considerable degree by donations made outside—indeed, very far from—the jurisdiction. In that context, I refer to a report of 11 November in the Belfast Telegraph that revealed that Sinn Fein was being bankrolled by donations from American companies

“that have been embroiled in racism”,

discrimination and

“embezzlement…scandals.”

Sinn Fein took in £245,000 in the period up to May this year, and almost £31,000 of that

“was used to pay printing expenses in Northern Ireland and to purchase a vehicle.”

A political party that operates and seeks votes in part of the United Kingdom, and is elected to this House and to the Assembly, is allowed, through the special provisions of electoral donation law, to raise such funds and channel them to Northern Ireland, and basically to skew the electoral process through massive donations from abroad.

Unfortunately, the Government have not, so far, seen fit to close that loophole, which should not be available to any party. When the decision was made to bring in regulations and legislation on the funding of, and donations and loans to, political parties, it was rightly decided that, in principle and fact, parties should be able to receive donations only from registered electors in the United Kingdom. That is a solid, sound principle, but an exception has been made in relation to Northern Ireland. Nationalist parties—primarily Sinn Fein—can raise all this money outside the jurisdiction. That money is used to influence the political and electoral process. It is a scandal, and it is wrong, morally, politically and constitutionally. Something needs to be done about it; a party has openly admitted, through records filed in the United States, that it is using foreign money. One can imagine the howls of outrage that there would be from other parties if a Unionist party, or the Conservative, Labour or Social Democratic and Labour parties, used foreign money that had been donated secretly to fund their electoral campaigns, with no accountability.

[Sammy Wilson]

Sleazy money.

[Mr Dodds]

Sleazy money. One can imagine the howls of outrage that there would be from sanctimonious people in Sinn Fein about that, yet we are talking about a party that is receiving individual sums of up to $20,000. Documents filed with the US Department of Justice indicate that a New York-based company called MarJam Supply Company contributed $5,000. A Government employment equality agency in the United States found that staff at that company were subjected to racial abuse. Another company that gives money to Sinn Fein hit the headlines after its former boss was sentenced to three years in jail for embezzling pension money. The former chairman of another company that donated $1,000 to Sinn Fein pleaded guilty to conspiracy and bribery charges. How do we know all that? It is because the US authorities require that information to be registered in the United States—it is no thanks to legislation passed in this House.

I say to the Government that this is intolerable. It is a scandalous abuse of the electoral system in Northern Ireland. No wonder the IRA and Sinn Fein do not have to rob banks any more, when they can get that sort of money flowing into their coffers from abroad, with no accountability whatever. I urge the Government to listen, to take this argument on board, and to create a level playing field for all the other parties.

This is not an appeal made on behalf of the Democratic Unionist party. We will fight our campaigns and get our votes; I am confident that we will do well. The hon. Member for Foyle (Mark Durkan) said in an earlier debate that he never foresaw any party in Northern Ireland getting more than 30 seats and being able to trigger a petition of concern. He did not envisage it; I am sure that if he had envisaged it, the trigger figure would have been higher. We have 38 Members. Things can happen in Northern Ireland, and we will fight our battle. When it comes to donations and loans, all that I am calling for is a level playing field for everybody. The Government need to act on that. Frankly, it would be a disgrace if, in this Parliament, a Government led by a Conservative Prime Minister—and a Government comprised of right hon. and hon. Gentleman who have sought to reform the parliamentary system to create greater fairness and transparency—continued to allow this outrageous situation to continue.